Comparison between the divorce law of the British Commonwealth, U.S.A., and certain continental systems of law, with particular regard to the execution of foreign judgments
The purpose of this thesis is to-treat of the general
principles and doctrines of the law on divorce which
prevail in the Anglo- American common law units and in
certain continental systems of law, the French, Austrian , German, Swiss and Italian., with particular regard to the
fundamentals and applications of the rules as to conflict
of laws governing this subject matter.In contrasting these laws and rules the diversity or
similarity of the views on these problems in the different
systems of laws will be set out:In Part I some important preliminary matters, such as
sources of law,interpretation and characterization,
further the doctrine of renvoi, the law on domicil and
nationality as the principal tests of jurisdiction and
of choice of law, and the law on hasband and wife will be
discussed; the doctrine of renvoi and the law on domicil
and nationality will be analysed,' more fully in respect
of their important bearing on the topic of conflict of
laws; the fuller treatment of the latter subject,namely law
on domicil and nationality is the more necessary because
domicil is the test of jurisdiction and of choice of law in
the Anglo- American systems of law and nationality principally is used as such test in the Continental systems of law.
The internal law on divorce of the countries concerned
will be stated and the rules as to choice of law which
relate to them will be attached thereto in Part II.
'An outline .of the rules governing procedure in causes of
divorce will be given in art III where only the most
striking features of these rules will be shown insofar
as they contrast with those relating to ordinary proceedings in civil matters.Since international jurisdiction of the court rendering
a, judgment of divorce is the most important requirement
its recognition, the subject matter of recognition of
foreign judgments of divorce will be discussed in
connection. with that of jurisdiction in Bart IV.
Finally, Bart V will cover enforcement .of foriegn orders
and judgments concerning matters ancillary to divorce.
In the following pages the word "domicil", written
thus, is used in the Anglo-American sense of the term,
whereas the word " domicile" will be used in the
Continental connotation, as far as possible; for the
distinction between these terms reference is made to
page 62Further, the word "divorce" used without any
qualification will mean divorce "a vinculo matrimonii"
(from bond of matrimony)
